More on LizardTech Demo Software

Adena Schutzberg

Last week I highlighted part of the license agreement included on a CD distributed by LizardTech with a recent issue of PE&RS.; Unfortunately, it was not the part of the license that applied to the software being distributed. With the help of Karen Morley, Director of Product Management, GeoSpatial Imaging, at LizardTech, I want to clarify the situation.

Morley wrote assure readers that "anyone can use the demo version with no obligation to Lizardtech. The wording of the license agreement [I cited] refers to an evaluation not a demo or trial version." The software distributed was labeled "Free 15 day trial of the Next Generation MrSID." So, the license language I quoted does not does not in fact apply. Other parts of the license, including those about reverse engineering and other topics, do apply.

Morley explains the difference between a demo/trail version and an evaluation this way: "An evaluation version is one which has been instigated by a salesperson to achieve a specific set of results, wherein the customer is creating data to evaluate its usefulness in a given application or work flow. The trial version was simply the opportunity to try out the product."

The license document distributed with the software has several paragraphs that start "IF THIS SOFTWARE IS AN UPGRADE," "IF THIS SOFTWARE IS A NOT-FOR-RESALE (NFR) COPY," "IF THIS SOFTWARE IS AN EVALUATION COPY." Since the version distributed does not fall into any of those categories, those paragraphs are not applicable. It was the text from the "IF THIS SOFTWARE IS AN EVALUATION COPY" paragraph that I referenced.

In the distributed license there is no paragraph for, "IF THIS SOFTWARE IS A DEMONSTRATION COPY." However, to further clarify, LizardTech has added such a paragraph to an updated license to be available on the ASPRS website. I've also posted it on the GIS Monitor website. Morley confirmed that this new license will be distributed with future versions of the software.

The demo version paragraph states: "IF THIS SOFTWARE IS A DEMONSTRATION COPY, in addition to the terms stated beginning with and after Section 1, the terms in this paragraph apply to Your use of the Software. Demonstration Copies of the Software contain restrictions in time of use, volume of use, or other restrictions not contained in the commercial version of the Software. You may use the Software to determine whether to purchase a commercial version of the Software. If You are unsure whether the Software is a Demonstration Copy, contact LizardTech."

The bottom line, then, is that the trial version can be used freely, so long as users comply with the paragraphs that do apply in the license. I want to apologize to readers, LizardTech, and ASPRS for the false alarm. Finally, I applaud LizardTech's rapid response to update the license to prevent future misunderstandings.